GR v Family and Community Services [2021] NSWSC 39

Supreme Court New South Wales

Medium Neutral Citation: GR v Family and Community Services [2021] NSWSC 39 Hearing dates: 18 December 2020 Date of orders: 18 December 2020 Decision date: 18 December 2020 Jurisdiction: Equity Before: Rees J Decision: Contempt motion dismissed under r 13.4 Uniform Civil Procedure Rules 2005 (NSW), with costs. Catchwords: CIVIL PROCEDURE — dismissal for want of prosecution – sustained failure to comply with directions to serve evidence in support of contempt motion — evidence ultimately served inadequate — experienced self-represented litigant — delay alone insufficient to dismiss proceedings. CIVIL PROCEDURE — abuse of process — collateral purpose — applicant threatened respondents while failing to prosecute contempt motion — statement of charges prolix — evidence in support defective — no suggestion that problems will be remedied — motion seeks to cavil with Children's Court judgment on appeal — motion seeks to re-litigate judgments in these proceedings — motion summarily dismissed. Legislation Cited: Civil Procedure Act 2005 (NSW) s 56 Uniform Civil Procedure Rules 2005 (NSW) rr 12.7, 13.4 Supreme Court Rules 1970 (NSW) rr 55.3, 55.7, 55.8 Cases Cited: Australian Securities and Investments Commission v Sigalla (No 4) (2011) 80 NSWLR 113; [2011] NSWSC 62 Bellerive Homes Pty Ltd v FW Projects Pty Ltd [2019] NSWSC 193 Commonwealth Bank of Australia v Salvato (No 4) [2013] NSWSC 321 Coward v Stapleton [1953] HCA 48; (1953) 90 CLR 573 Furlong v Wise & Young [2019] NSWSC 1718 G v Family and Community Services [2019] NSWSC 229 Ghosh v NineMSN Pty Ltd (2015) 90 NSWLR 595; [2015] NSWCA 334 GR v Secretary, Department of Communities and Justice [2020] NSWSC 739 GR v Secretary, Department of Communities and Justice [2020] NSWSC 645 GR v Secretary, Department of Communities and Justice [2020] NSWSC 892 GR v Secretary, Department of Families, Disabilities and Community Services [2019] NSWCA 277 GR v Secretary, Department of Families, Disabilities and Community Services [2020] NSWCA 79 GR v Secretary, Department of Family and Community Services and Justice [2019] NSWCA 177 GR v Secretary, Department of Family and Community Services and Justice [2019] NSWSC 1073 GR v Secretary, Department of Family and Community Services and Justice [2019] NSWSC 1146 GR v Secretary, Department of Family and Community Services and Justice (No 2) [2019] NSWSC 1725 GR v Secretary, Department of Family and Community Services and Justice [2020] NSWSC 259 GR v Secretary, Department of Family and Community Services and Justice [2020] NSWSC 348 GR v Secretary, Department of Family and Community Services and Justice (No 4) [2020] NSWSC 457 GR v Secretary, Department of Family and Community Services and Justice [2020] NSWSC 607 GR v The Department of Communities & Justice [2020] NSWSC 1622 In the matter of Jimmy's Recipe Pty Limited [2020] NSWSC 93 Inghams Enterprises Pty Ltd v Timania Pty Ltd [2005] FCAFC 155; (2005) 221 ALR 823 James v Ash Electrical Services Pty Ltd [2009] NSWSC 30; (2009) 69 ACSR 596 Maslen v Official Receiver [1947] HCA 30; (1947) 74 CLR 602 Matthews v Australian Securities and Investments Commission [2009] NSWCA 155 McLeod v Henty (1900) 25 VLR 648 Re AB (No 2) [2019] NSWSC 566 Re AB [2019] NSWSC 316 Spindler v Balog (1959) 76 WN (NSW) 391 Taylor v Whelan [1962] VR 306 Williams v Spautz [1992] HCA 34; (1992) 174 CLR 509 Texts Cited: Ritchie's Uniform Civil Procedure NSW, [12.7.5], [14.28.10] Category: Principal judgment Parties: Secretary, Department of Communities and Justice (Applicants/Defendant) GR (First Respondent/Plaintiff) The Father (Second Respondent) Independent Legal Representative (Third Respondent) Representation: Counsel: Mr M Anderson (Applicants/Defendant) GR (self-represented) (First Respondent/Plaintiff) The Father (in person) (Second Respondent) Ms E Stolier (Third Respondent)